Categories of protective forests. Groups and categories of forests - features, characteristics and description Methods of timber harvesting

1 TO protective forests include forests that are subject to development for the purposes provided for in Part 4 of Article 12 of this Code.

2. Taking into account the peculiarities of the legal regime of protective forests, the following categories of these forests are determined:
1) forests located on specially protected natural areas;
2) forests located in water protection zones;
3) forests performing the functions of protecting natural and other objects:
a) forests located in the first and second zones of sanitary protection zones for sources of drinking and domestic water supply;
b) protective forest strips located along public railway tracks, federal highways public roads, public roads owned by entities Russian Federation;
c) green areas;
c_1) forest park areas;
d) urban forests;
e) forests located in the first, second and third zones of sanitary (mountain sanitary) protection districts of medical and recreational areas and resorts;
4) valuable forests:
a) state protective forest belts;
b) anti-erosion forests;
c) forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains;
d) forests with scientific or historical meaning;
e) nut fishing zones;
f) forest fruit plantations;
g) strip burs;
h) restricted forest strips located along water bodies;
i) spawning protection zones of forests.

3. Specially protected forest areas include:
1) bank protection, soil protection areas of forests located along water bodies, slopes of ravines;
2) forest edges bordering treeless spaces;
3) forest seed plantations, permanent forest seed plots and other forest seed production facilities;
4) protected forest areas;
5) forest areas with the presence of relict and endemic plants;
6) habitats of rare and endangered wild animals;
7) other specially protected forest areas.

4. Particularly protective forest areas can be allocated in protective forests, operational forests and reserve forests.

5. In protective forests and in especially protected areas of forests, it is prohibited to carry out activities incompatible with their intended purpose and useful features.

6. The classification of forests as protective forests and the allocation of especially protective areas of forests and the establishment of their boundaries are carried out by the authorities state power, local government bodies within the limits of their powers determined in accordance with Articles 81-84 of this Code.

Commentary on Article 102 of the RF LC

1. Part 1 of the commented article contains general provisions defining the composition of protective forests. At the same time, the norm of Part 1 of the commented article is referential in nature, since it determines that protective forests are all those forests that are developed for the purposes specified in Part 4 of Art. 12 of the RF LC (see commentary to Article 12 of the RF LC). Thus, the general provisions on the composition of protective forests are defined in Article 12 of the RF LC, and not in the commented article.

2. Part 2 of the commented article defines the composition of protective forests, namely, it contains their division into categories. Actually, the categories of protective forests are groups of protective forests depending on the functions they perform. The categories of protective forests are as follows:
1) forests located in specially protected natural areas. According to the preamble of the Federal Law "On Specially Protected Natural Territories", specially protected natural territories are areas of land, water surface and air space above them where natural complexes and objects that have special environmental, scientific, cultural, aesthetic, recreational and health value, which are withdrawn by decisions of public authorities in whole or in part from economic use and for which a special protection regime has been established;
2) forests located in water protection zones. Water protection zones in accordance with Part 1 of Art. 65 of the VK of the Russian Federation are territories that are adjacent to coastline seas, rivers, streams, canals, lakes, reservoirs and on which it is installed special mode carrying out economic and other activities in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as preserving the habitat of aquatic biological resources and other animal and animal objects flora;
3) forests that perform the functions of protecting natural and other objects. Such forests include forests that have such properties and characteristics that allow them to ensure, in turn, the preservation of the properties and characteristics of other natural and other objects. Such forests, clause 3, part 2 of the commented article include the following:
a) forests located in the first and second zones of sanitary protection zones for sources of drinking and domestic water supply. Such zones, based on water legislation, should be understood as territories in which special conditions of use are established, and within which any economic activity that could cause harm is prohibited water bodies;
b) protective forest strips located along public railway tracks, public federal highways, public highways owned by constituent entities of the Russian Federation. In accordance with paragraph 22 of the Forest Management Instructions, such forests include forests located on the territory of protected zones railways and roadside strips of highways, installed in accordance with the requirements of the legislation on railway transport, about road transport. However, in this part the commented article establishes the requirement that these protective strips must be located along public roads. We believe that the federal legislator made such a decision with the aim of ensuring priority precisely to those forests that, in turn, provide protection of natural and other objects from those negative factors that occur in connection with the operation of public roads. Such roads in paragraph 3, part 2 of the commented article include:
- public railway tracks - railway tracks in the territories railway stations, open to carry out operations for the reception and departure of trains, the reception and delivery of goods, luggage, cargo luggage, for servicing passengers and performing sorting and shunting operations, as well as railway tracks connecting such stations (Article 2 of the Charter of Railway Transport of the Russian Federation);
- public roads owned by the Russian Federation and owned by constituent entities of the Russian Federation. Based on Part 3 of Art. 5 Federal Law "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" such roads are highways intended for traffic Vehicle unlimited number of persons;
c) green areas. This concept, or rather a legal definition of this concept, is not contained in federal legislation. Meanwhile, it seems that it can be understood as territories with special environmental characteristics, performing a protective function;
d) forested areas. Forest park areas should be understood as areas occupied by forests and intended for recreation. In accordance with the Regulations on the determination of functional zones in forest park zones, the area and boundaries of forest park zones, green zones, approved by Decree of the Government of the Russian Federation of December 14, 2009 N 1007, forest park zones are established for the purpose of organizing recreation for the population, preserving sanitary, hygienic, health and aesthetic values natural landscapes, and green zones are established in order to ensure the protection of the population from adverse natural and man-made influences, conservation and improvement of health environment;
e) urban forests. According to the Forest Management Instructions, urban forests include forests located on lands settlements;
f) forests located in the first, second and third zones of sanitary (mountain sanitary) protection districts of medical and recreational areas and resorts. Again, in accordance with paragraph 25 of the Forest Management Instructions, forests located in the first, second and third zones of sanitary (mountain sanitary) protection districts of medical and recreational areas and resorts include forests located within the boundaries of sanitary (mountain sanitary) district zones. protection of health-improving areas and resorts established in compliance with the requirements of legislation on natural healing resources, health-improving areas and resorts;
4) valuable forests. We believe that valuable forests should include those categories of forests that are of particular value in environmental, natural aspects, as well as in terms of environmental significance. According to clause 4, part 2 of the commented article, such forests include
a) state protective forest belts; Based on clause 26 of the Forest Management Instructions, these are artificially created in forest-steppe, steppe and semi-desert regions forest plantations linear type, performing climate-regulating, soil-protecting, anti-erosion and water-protection functions and having national significance
b) anti-erosion forests. Based on clause 27 of the Forest Management Instructions, anti-erosion forests include forests intended to protect territories from water and wind erosion;
c) forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, and mountains. This category of forests, based on clause 28 of the Forest Management Instructions, includes:
- isolated areas of forests in forest-steppe, steppe, desert and semi-desert zones (kolki), as well as natural or artificially created areas of forests in such zones, confined to the hydrographic network (fair forests), performing protective functions;
- forests adjacent to the tundra zone, performing protective and climate-regulating functions in the harsh climatic conditions of the Far North;
- high-mountain forests growing in the subalpine altitudinal zone on the border with the upper treeless part of mountain peaks and ridges (low-forest mountain areas), having protective and anti-erosion significance, the size and boundaries of which are determined taking into account local geological, hydrogeological, soil and other natural conditions;
d) forests of scientific or historical significance. This category of forests consists of:
- forests located within the boundaries of the territories of cultural heritage sites (historical and cultural monuments);
- forests, which are examples of the achievements of forestry science and practice, objects of research for the long term;
- forests with unique genetic qualities (genetic reserves);
- forests with unique productivity;
e) walnut fishing zones - cedar forests, which are important as a raw material base for the procurement of nuts, as well as the organization of hunting fur-bearing animal(clause 30 of the Forest Management Instructions);
f) forest fruit plantings - natural or artificially created forests, in which valuable fruit and berry and nut and fruit species of trees and shrubs grow (clause 31 of the Forest Management Instructions);
g) ribbon forests - forests of the ribbon-island type, historically formed in harsh soil and climatic conditions among treeless steppe, semi-desert and desert spaces, having important climate-regulating, soil-protecting and water-protection significance (clause 32 of the Forest Management Instructions);
h) restricted strips of forests located along water bodies - forests located along the banks of rivers, lakes, reservoirs and other water bodies, adjacent directly to the river bed or the bank of another water body, and in the case of a treeless floodplain - to the river floodplain (clause 33 of the Forest Management Code instructions);
i) spawning protection zones of forests - forests located along the banks of rivers, lakes and other water bodies that are spawning grounds for valuable commercial fish, adjacent directly to the river bed or the bank of another water body, and in the case of a treeless floodplain - to the river floodplain (clause 34 of the Forest Management Instructions).

3. Part 3 of the commented article determines the composition of specially protected forest areas. According to paragraph 36 of the Forest Management Instructions, specially protected forest areas are designed in order to preserve the protective and other environmental functions of forests located in such areas, with the establishment of an appropriate forest management and forest use regime in them. Particularly protective forest areas can be identified in protective, operational and reserve forests. The composition of specially protected forest areas is as follows:
- bank protection, soil protection areas of forests located along water bodies, slopes of ravines;
- forest edges bordering treeless spaces;
- forest seed plantations, permanent forest seed plots and other forest seed production facilities;
- protected forest areas;
- forest areas with the presence of relict and endemic plants;
- habitats of rare and endangered wild animals;
- other especially protected areas of forests.

As for the characteristics on the basis of which forests belong to the types of forests in the category of specially protected forest areas, they are defined in Appendix No. 4 “Standards and criteria for the allocation of specially protected forest areas” to the Forest Management Instructions.

4. The provisions of Part 4 of the commented article concern only protective forest areas and provide for the possibility of identifying such areas not only in protective forests, but also in production forests and reserve forests. We consider this provision of Part 4 of the commented article to be justified, both from a legal and practical point of view, since those types of forests that are classified as specially protected forest areas can grow both in production forests and in reserve forests.

5. Part 5 of the commented article contains a provision aimed at ensuring the protection of protective forests and specially protected forest areas. This provision consists of a prohibition on carrying out activities that are incompatible with their intended purpose and useful functions. In other words, this is an activity that can harm these types of forests, as a result of which they can lose their useful functions and properties (see example from judicial practice- Resolution of the Federal Arbitration Court of the West Siberian District dated February 4, 2011 in case No. A70-5653/2010).

6. Part 6 of the commented article defines the entities that carry out the classification of forests as protective forests and the allocation of especially protective areas of forests, and the establishment of their boundaries. Such subjects are:
- government departments;
- local government bodies.

Boundary setting is the activity of determining the lines designated on a plot of land, on which the specified types of forests are located, within which forests of these types are located.

Consultations and comments from lawyers on Article 102 of the RF LC

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Protective forests

"...1. Protective forests include forests that are subject to development for the purposes provided for in Part 4 of Article 12 of this Code.

2. Taking into account the peculiarities of the legal regime of protective forests, the following categories of these forests are determined:

1) forests located in specially protected natural areas;

2) forests located in water protection zones;

3) forests performing the functions of protecting natural and other objects:

a) forests located in the first and second zones of sanitary protection zones for sources of drinking and domestic water supply;

b) protective forest strips located along public railway tracks, public federal highways, public highways owned by constituent entities of the Russian Federation;

c) green areas;

(as amended by Federal Law dated March 14, 2009 N 32-FZ)

c.1) forest park areas;

(Clause "C.1" was introduced by Federal Law dated March 14, 2009 N 32-FZ)

e) forests located in the first, second and third zones of sanitary (mountain sanitary) protection districts of medical and recreational areas and resorts;

c) forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains;

d) forests of scientific or historical significance;

e) nut fishing zones;

g) strip burs;

h) restricted forest strips located along water bodies;

(clause “z” was introduced by Federal Law No. 143-FZ of July 22, 2008)

i) spawning forest strips..."

Source:

"Forest Code of the Russian Federation" dated December 4, 2006 N 200-FZ (as amended on July 28, 2012)


Official terminology.

Akademik.ru.

    Protective forests 2012. Encyclopedic Dictionary F.A. Brockhaus and I.A. Efron

    Protective forests- natural and artificial forest plantations, the reclamation and environment-forming properties of which are used to protect various objects from adverse natural or anthropogenic influences. There are forests that perform especially protective,... ...

    Protective forests- 1) the type of forests located on forest fund lands, separated from their other types according to the intended purpose of the forests; forests located on lands of other categories can be classified as land plots; 2) forests that are subject to development for the purpose of conservation... ... Environmental law Russia: dictionary of legal terms

    PROTECTIVE SCAFFOLDING- forest areas that protect land, water and communication routes from erosion, landslides, drifts, adverse atmospheric influences, etc. K Z. l. include forests on ravines, mountain slopes, sands, at the sources and along the banks of rivers, along the lines... ... Agricultural dictionary-reference book

    forests of the first group- Forests that perform water protection, sanitary and hygienic and health-improving functions. Note Forests of the first group also include forests of nature reserves, national and natural parks, protected forest areas, forests with scientific or...

    Group I forests- in the Russian Federation, forests that perform primarily water protection, protective and other functions, grouped by protection categories. In English: Forests of the Ist group See also: Forests of the Ist group Resource protection areas State Forest Fund... ... Financial Dictionary

    collective farm forests- collective farm forests, in the USSR forests located on collective farm lands. In accordance with the Fundamentals of forest legislation of the USSR and union republics (Article 15), forestry forests are divided into 2 groups. The first group includes forests that perform water protection... ... Agriculture. Large encyclopedic dictionary

    FORESTS OF THE FIRST GROUP- in the USSR, forests are aesthetic, cultural, environment-forming, resource-protecting and protective properties of which significantly exceed their timber value. These include water protection (along spawning rivers), field and soil protection, object protection... ... Ecological dictionary

    Forests possible for exploitation- forests of the first, second and third groups, in which final felling is allowed. They include forests belonging to forest protection categories of the first group and especially protected areas of exploited forests of all groups, where the current... ... A brief dictionary of basic forestry and economic terms

    forests of group I- These include forests that perform primarily water protection, protective and other functions, grouped by protection categories. Topics: forestry...

Technical Translator's Guide

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eBook Chapters 15 and 16 of the RF LC define the legal regime of forests depending on their economic, environmental and social significance . Features of the implementation of forest use rights have traditionally been associated with legal regime

forests, which established the conditions for the use and protection of forests depending on groups of forests and categories of forest protection of the first group.

The criteria for classifying forests into groups were their role and importance they play in the “nature-society” system, location and functions they perform. The division of forests into groups was introduced in 1943. Forests whose main purpose is to perform various ecological functions and forests of specially protected natural areas were classified as forests of the first group. This group

divided into 20 security categories. The forests of the second group included forests in regions with high population density and a developed network of land transport routes, forests with insufficient forest resources

, requiring restrictions on the forest use regime.

The forests of the third group included forests in multi-forest areas, which are primarily of operational importance. They were divided into two types: developed and reserve forests. In forests of all groups, the allocation of specially protected areas with a limited forest management regime was allowed. In accordance with Art. 10 LC RF introduced new classification

forests They are divided into protective, operational and reserve, while in relation to forests located on lands of other categories, the Forest Code of the Russian Federation allows them to be classified as protective forests. The main purpose of protective forests is to perform various ecological functions - environment-forming, water protection, protective, sanitary and hygienic, health-improving and others. Additional restrictions on forest use in protective forests are aimed at preserving natural objects

Protective scaffolding is divided into four categories depending on their location and functional purpose:

Forests located in specially protected natural areas;

Forests located in water protection zones;

Forests that perform the functions of protecting natural and other objects;

Valuable forests.

The identification of categories of protective forests is due to the need for more stringent regulation of logging (clear or selective) in these forests, since timber harvesting can significantly affect the entire forest ecosystem and other natural objects associated with it. In this case, it is necessary to be guided by clause 4 of Art. 17 of the LC RF, according to which clear cuttings in protective forests are carried out only if selective cuttings do not ensure the replacement of forest plantings that have lost their environment-forming, water-protective, sanitary-hygienic, health-improving and other useful functions with forest plantings that ensure the preservation of the target purpose of protective forests and what they do useful functions.

The legal regime of forest management in forests located in specially protected natural areas is subordinated to the legal regime of certain types of specially protected natural areas.

It is established by the norms of the Forest Code of the Russian Federation, Federal Law of March 14, 1995 N 33-FZ “On Specially Protected Natural Areas” (as amended on December 4, 2006) * (168), Federal Law of January 10, 2002. N 7-FZ "On Environmental Protection" (as amended on February 5, 2007) * (169), by Decree of the Government of the RSFSR dated December 18, 1991 N 48 "On approval of the Regulations on state natural reserves in the Russian Federation" (with amended and supplemented on April 23, 1996)*(170), by resolution of the Council of Ministers - Government of the Russian Federation dated August 10, 1993 N 769 “On approval of the Regulations on national natural parks Russian Federation"*(171), etc.

In specially protected natural areas, a special protection regime is established, which permanently or temporarily prohibits or limits any activity that contradicts the goals of creating a specially protected natural area.

Legal regulation of the use of forests in water protection zones is carried out in accordance with the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Land Code of the Russian Federation, and Decree of the Government of the Russian Federation of November 23, 1996 N 1404 “On approval of the Regulations on water protection zones of water bodies and their coastal protective strips”* (172), by order of Rosleskhoz dated March 25, 1997 N 33 “On the Regulations on water protection zones of water bodies and their coastal protective strips.”

Forests that perform sanitary, hygienic and health-improving functions are allocated to the category of protective forests depending on the type of natural or other object in relation to which they perform a protective function. These include:

Forests located in the first and second zones of sanitary protection zones for sources of drinking and domestic water supply;

Protective forest strips located along public railways, public federal highways, public highways owned by constituent entities of the Federation;

Forests of green areas, forest parks, urban forests;

Forests located in the first, second and third zones of sanitary (mountain sanitary) protection districts of medical and recreational areas and resorts.

The legal regime of this category of protective forests is established by the norms of the Forest Code of the Russian Federation, the Land Code of the Russian Federation, the Town Planning Code of the Russian Federation, the Water Code of the Russian Federation, Federal Law of October 6, 2003 N 131-FZ "On general principles organizations of local self-government in the Russian Federation" (as amended on December 29, 2006) * (173), Federal Law of February 23, 1995 N 26-FZ "On Natural Healing Resources, Health Resorts and Resorts" (in as amended on December 29, 2006)*(174), Federal Law of January 10, 2003 N 17-FZ “On Railway Transport in the Russian Federation” (as amended on July 7, 2003)"*(175) , by Decree of the Government of the Russian Federation of December 7, 1996 N 1425 “On approval of the Regulations on the districts of sanitary and mountain sanitary protection of medical and recreational areas and resorts federal significance" (as amended on July 19, 2006) * (176), by Decree of the Government of the Russian Federation of October 12, 2006 N 611 "On the procedure for establishing and using rights of way and security zones of railways" * (177), etc.

Valuable forests perform not only protective functions, for example, anti-erosion, field protection, but can also be of scientific, historical value or have an economic purpose - walnut-harvesting zones, forest fruit plantations.

The forest legislation retains the concept of “specially protected forest areas”. They can be identified in all types of forests, since their main purpose is to preserve protective and other ecological and social functions forests The presented list of names of specially protected forest areas is much narrower (6 in total) than the list of names (26 of them) contained in the order of Rosleskhoz dated December 30, 1993 N 348 “On approval of the Basic Provisions for the allocation of specially protected forest areas” (as amended. and additional dated May 27, 1997) * (178).

The list of specially protected forest areas is open and can be supplemented or changed due to the need to protect certain types of natural objects.

The powers to classify forests as valuable forests and allocate specially protected forest areas in forests of all types, as well as establish their boundaries, are transferred to state authorities and local governments in accordance with Art. 81-84 LC RF.

The legal regime for the use, protection, defense, and reproduction of protective forests and specially protected forest areas is established by the authorized federal executive body.

No matter how forests are used, they all play a primarily protective role in the life of the planet. In addition to the beneficial effect on chemical composition atmosphere, its purification and enrichment with oxygen, forest plantings bind the soil with roots, act as mechanical barriers in the path of water and mudflows, snow avalanches, carry out water collection, regulate surface and internal runoff. However, depending on the conditions of a particular area, the need for such functions varies, as does the need for targeted allocation of protective forests.

In accordance with the ecological, economic, social significance, forests are classified into one or another group that determines the direction and rules of their use and management economic activity. Differentiation of forests according to these criteria began back in Tsarist Russia in the second half of the 19th century. It was aimed at saving forest resources, theft prevention.

Forest groups

The classification of forests, adopted in 1943, has become one of the most important and valuable achievements of the Russian forest service in the field of nature conservation. According to it, forests are divided into three main groups, taking into account their functions and social significance. The strictness of regulation of forest exploitation increases from the third group to the first. In each of them, especially protective areas can be marked, the possibility of use and methods of ensuring safety of which are different. Only for the first group is it proposed to divide forests into protection categories.

The Forest Code of the Russian Federation considers all forests as protective, reserve or operational. However, the generalized knowledge of several scientific fields made it possible to accept slightly more complex system based on it. As legislation changes, group boundaries become less clear.

Third group

This includes actively exploited forests, where industrial timber harvesting is carried out, and reserve forests (mostly future exploited forests, timber harvesting is planned in 20 years) - in which felling of greenery is allowed only when geological research or for the purpose of harvesting wood by citizens for personal needs. These are mainly heavily forested areas, poorly developed, with low population densities.

Second group

Includes forests in densely populated areas with limited resources. Their use for timber production is allowed within the limits of average annual growth. When carrying out work, the importance of preserving and restoring the protective role of forests in such areas must be taken into account.

First group

It includes the most diverse categories of forests that are protected from consumption. They perform security functions water resources, protect various objects - natural and man-made, have sanitary and health purposes, are especially valuable or are classified as protected areas natural areas.

Forest protection categories of the first group

Forests belonging to the first group are classified according to their ecological, economic and socio-economic significance for the conditions of a particular area. Accounting units of this division are called forest protection categories. All of them can be grouped according to the type of functions they perform.

Forests preserving aquatic ecosystems

Make up about 35% of total number forest areas of the group. The categories of forests for this purpose are still a reason for discussion among scientists. Some of them propose that only those directly adjacent to water bodies be considered water protection. Others suggest including more distant ones that participate in the watershed, and still others suggest noting the importance of water-regulating forests, highlighting them specifically.

According to current legislation, water protection zones include forest strips bordering river beds, banks of reservoirs or treeless floodplains of a river. Their width is determined by specially developed state standards.

A separate category of forests has already designated plantings that preserve the spawning grounds of fish species valuable for industry. These are areas adjacent to water bodies - places of natural spawning of commercial fish, as well as those under the jurisdiction of fisheries for salmon farming and sturgeon breeds. The width of forest belts enclosing natural spawning grounds is calculated in accordance with state regulations, based on the conditions of a particular area. For fisheries, the territory of this category of forest protection is limited to three kilometers.

Protective forests

Almost half of the group - 45% - belong to them. This includes:

  • forests that control soil destruction;
  • forests of various low forests climatic zones, having environmental significance;
  • tundra forests;
  • artificial, created for the purpose of protecting or improving climatic conditions by sowing or planting, forest belts;
  • tape burs.

Also, one of the categories of forests with protective functions includes strips fencing existing ones and those under construction. transport lines not less regional significance, based on 500 meters in both directions from the middle of the roadway for railways and 250 meters for highways. If there are natural or artificial barriers, the narrowing of roadside forests is permitted. Deviation from the standard should not exceed 50 meters. In areas with harsher climatic conditions(mountains, sandy deserts, districts permafrost) such lanes can be expanded to reduce the level of danger. Their size in this case is determined using targeted research.

Health and sanitary-hygienic

Their share is 6%. This includes:

  • forests of green areas;
  • forests protecting water supply zones (the first two of three belts) and protecting resort areas;
  • natural parks;
  • urban forests.

In general, all those that help preserve, restore and improve the health of the population, not only enriching the atmosphere of the planet, but indirectly participating in the activities of people that actively serve the fulfillment of these tasks.

TO green areas include forests located outside the boundaries of populated areas, but in close proximity to residential and economic facilities, having protective, health, sanitary and hygienic (forestry part) significance and serving as places of recreation for the population (forest part). Within forest park zones, other categories of forests are not distinguished. Their sizes are determined by state regulations. If in the immediate vicinity of populated areas other categories of forest protection have already been noted, then their territory does not belong to the green zone, but is taken into account when establishing its size, as performing part of the functions. Provided that the number of forests in the green zone is insignificant, the entire zone can be designated as a forest park.

Target categories of forests

They make up 4% of the total forest area of ​​the first group. These include:

  • especially valuable and rare plantings consisting of unique tree species;
  • forests significant for history and scientific research;
  • wild fruit plants;
  • nut fishing zones.

Forests of natural areas specially protected by the state

IN protected areas With varying degrees 10% of the first group of forests are limited by human influence. The categories related to them are arrays of reserves, reserves, national parks, natural monuments.

In cases where the same scaffolds perform different protective functions when determining their classification unit, preference is given to the category of protection, which has greater value and significance, with more stringent regulations for use and protection.

The transfer of forests to another category occurs when carrying out forest management activities or as a result of changing the purpose of lands of forest and land funds, based on the results scientific research.

Specially protected forest areas

On the territory of forests belonging to the second and third groups, where there are no protection categories, zones with a more strict regime of exploitation and protection may be noted, which are quite important in the conditions of a particular area, but are too dispersed and small to be identified as separate category. The territories of such sites are determined taking into account natural boundaries, in accordance with the existing forestry zoning of the area. Their area can range from tens to hundreds of hectares.

The Forest Code of the Russian Federation contains a list of forest areas recognized as especially protective. These are mainly lands occupied by plantations with various functions of forest categories of the first group. “Other especially protected forest areas” are highlighted as a separate paragraph. The territories included in it are varied - from those fencing places of capercaillie leks or beaver settlements to those adjacent to tourist routes and fencing rural settlements and gardening partnerships. Given the dense population central regions Russian Federation, a large number of and the proximity of settlements and horticultural communities to each other, almost all forests in this territory will have the status of special protection.

. Protective forests and specially protected forest areas

Commentary on Article 102 of the RF LC:

1. The 2006 Forest Code of the Russian Federation classifies forests according to the principle of their intended use, dividing them into protective, operational and reserve (see Article 10 of the RF LC). Since one of the most important principles of forest legislation in accordance with is the preservation of the environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests in the interests of ensuring everyone’s right to a favorable environment, this necessitates the need to allocate protective forests in the forest fund and special protective forest areas with additional restrictions on forest use.

The previously in force Forest Code of the Russian Federation of 1997 established a different classification of forests. Forests were distributed into three groups depending on their economic, environmental, social significance, location and functions.

The first group included forests whose main purpose was to perform water protection, protective, sanitary and hygienic, health, and other functions, as well as forests in specially protected natural areas. Forests of the first group were divided into 20 categories of protection.

The forests of the second group included forests in regions with high population density and a developed network of land transport routes, forests of limited operational value, as well as forests in regions with insufficient forest resources, the conservation of which required restrictions on the forest use regime.

The forests of the third group included forests in multi-forest regions, which were primarily of operational importance. In turn, such forests were divided into two types: developed and reserve.

In the forests of all three groups, specially protected forest areas with a limited forest management regime could be allocated.

In Art. 8 of the Federal Law of December 4, 2006 N 201-FZ “On the entry into force of the Forest Code of the Russian Federation” provides that forests of the first group and forest protection categories of the first group with the adoption of the new Forest Code of 2006 are recognized as protective forests and categories of protective forests specified in commented article.

2. Part 2 of the commented article assumes the distribution of protective forests into four categories depending on their location and purpose. These categories are:

Forests located in specially protected natural areas;

Forests located in water protection zones;

Forests that perform the functions of protecting natural and other objects;

Valuable forests.

In forests located in specially protected natural areas, forest management is carried out taking into account the legal regime of certain types of specially protected natural areas. Order of Rosleskhoz dated July 4, 2007 N 326 “On organizing work to classify forests as valuable forests, operational forests, reserve forests and establishing their boundaries” (hereinafter referred to as Order N 326) (lost force on March 19, 2008 due to the publication of the Order Rosleskhoz dated March 20, 2008 N 83) recommended that forests that previously belonged to the forest protection categories of the first group “state forests” be included in the specified category of protective forests nature reserves", "forests of national parks", "forests of natural parks", as well as "natural monuments" located in specially protected natural areas of the same name. Forests located within the boundaries of other specially protected natural areas, in accordance with the above Order of Rosleskhoz, can be classified as to other categories of protective forests, especially protective forest areas, operational or reserve forests.

Legal regulation of forest management in forests of this category is carried out by the norms of the Forest Code of the Russian Federation, Federal Laws dated March 14, 1995 N 33-FZ "On Specially Protected Natural Areas", dated January 10, 2002 N 7-FZ "On Environmental Protection", Order of the Ministry of Natural Resources of Russia dated 07/16/2007 N 181 “On approval of the Features of the use, protection, protection, reproduction of forests located in specially protected natural areas” (hereinafter referred to as Order N 181), as well as regulatory legal acts on certain types specially protected natural areas (for example, Regulations on state natural reserves in the Russian Federation, approved by Decree of the Government of the RSFSR dated December 18, 1991 N 48, Regulations on national natural parks of the Russian Federation, approved by Decree of the Council of Ministers - Government of the Russian Federation dated 08/10/1993 N 769, General position on state natural reserves of nationwide (federal) significance in the Russian Federation, approved by Order of the Ministry of Natural Resources of Russia dated January 25, 1993 N 14), etc. The use of forests located in specially protected natural areas must correspond to the goals of creating such natural areas, otherwise the use of forests limited or prohibited.

The legal regime of forest management in forests located in water protection zones is established by the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Land Code of the Russian Federation, as well as the Order of Rosleskhoz dated December 14, 2010 N 485 “On approval of the Features of the use, protection, protection, reproduction of forests located in water protection zones” zones, forests that perform the functions of protecting natural and other objects, valuable forests, as well as forests located in specially protected areas of forests" (hereinafter referred to as Order No. 485), which entered into force on January 30, 2011.

In accordance with the Order of Rosleskhoz N 326, forests located in water protection zones, it was advisable to distinguish from forests of forest protection categories of the first group “forbidden strips of forests along the banks of rivers, lakes, reservoirs and other water bodies” and “forbidden strips of forests protecting the spawning grounds of valuable commercial species.” fish." The remaining forest areas of the indicated categories of forest protection of the first group could be classified as other categories of protective forests, specially protected forest areas or operational forests.

Forests that perform the functions of protecting natural and other objects include:

Forests located in the first and second zones of sanitary protection zones for sources of drinking and domestic water supply. Order No. 326 recommended that the specified category of protective forests include forests that previously belonged to the forest protection category of the first group “forests of the first and second zones of sanitary protection zones of water supply sources”;

Protective forest strips located along public railways, public federal highways, public highways owned by constituent entities of the Russian Federation. In this category of protective forests, Rosleskhoz considered it expedient to allocate forests that previously belonged to the forest protection category of the first group "protective forest strips along railways, highways of federal, republican and regional significance", taking into account the parameters established in accordance with GOST 17.5.3.02- 90 "Nature conservation. Lands. Norms for the allocation of protective forest strips along railways and highways on the lands of the state forest fund." If there is appropriate justification, forests that previously belonged to other groups of forests and forest protection categories of the first group may be classified in the specified category of protective forests (see Peculiarities of classifying forests as categories of protective forests, approved by Order No. 326);

Green areas;

Forest park areas. Previously, green areas and forest parks were combined into one category. Federal Law dated March 14, 2009 N 32-FZ “On Amendments to the Forest Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” this category was divided into two independent ones - green zones and forest park areas;

Urban forests. This category of protective forests includes forests that were previously located on settlement lands (Order No. 326);

Forests located in the first, second and third zones of sanitary (mountain sanitary) protection districts of medical and recreational areas and resorts. In this category of protective forests, Rosleskhoz recommended including forests that previously belonged to the forest protection category of the first group "forests of the first, second and third zones of sanitary (mountain sanitary) protection districts of resorts", taking into account the requirements of Federal Law dated February 23, 1995 N 26-FZ “On natural healing resources, medical and recreational areas and resorts” (Order No. 326).

The procedure for forest management in such forests is regulated, in addition to the norms of the Forest Code of the Russian Federation, also by the norms of the Town Planning Code, Land Code, Federal Laws “On Natural Healing Resources, Medical and Health Areas and Resorts”, dated January 10, 2003 N 17-FZ “On Railway Transport in the Russian Federation ", Regulations on the districts of sanitary and mountain sanitary protection of medical and recreational areas and resorts of federal significance, approved by Decree of the Government of the Russian Federation of December 7, 1996 N 1425, Order N 485 and other acts.

3. The intended purpose of the valuable forests specified in paragraph 4 of part 2 of the commented article is, on the one hand, to perform protective functions (for example, state protective forest belts or erosion control forests), on the other hand, for economic purposes (for example, walnut-growing forests). fishing zones, forest fruit plantations). In addition, the significance of valuable forests and the need to establish their special legal regime may be determined by the scientific or historical significance of such forests.

Clause 4, Part 2 of the commented article provides a list of categories of forests classified as valuable forests. This:

a) state protective forest belts. This category corresponds to the previously established category of forest protection of the first group “state protective forest belts”;

b) anti-erosion forests. Also corresponds to the previously established category of forests of the first group “anti-erosion forests” (Order No. 326);

c) forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, and mountains. In accordance with Order No. 326, it was advisable to classify forests in the previously established categories of forest protection of the first group as “forests in desert, semi-desert steppe, forest-steppe and low-forest mountain areas that are important for the protection of the environment” to this category. natural environment", "near-tundra forests";

d) forests of scientific or historical significance. This category could include forests of the previously established forest protection categories of the first group “forests of scientific or historical significance” and “particularly valuable forest areas” (Order No. 326);

e) walnut fishing zones. This category corresponds to the previously established category of forest protection of the first group “walnut-harvesting zones”. If there was appropriate justification, the specified category of protective forests included forests that previously belonged to other groups of forests and forest protection categories of the first group (Order No. 326);

f) forest fruit plantations. This category could include forests of the previously established forest protection category of the first group “forest fruit plantations”, and if there was appropriate justification - forests that previously belonged to other forest groups and forest protection categories of the first group (Order No. 326);

g) strip burs. Corresponds to the previously established category of forest protection of the first group “ribbon forests”;

h) restricted forest strips located along water bodies;

i) spawning protection zones of forests.

Forbidden strips of forests located along water bodies and spawning protection strips of forests supplemented the list of valuable forests with the adoption of Federal Law dated July 22, 2008 N 143-FZ “On Amendments to the Forest Code of the Russian Federation and the federal law"On the entry into force of the Forest Code of the Russian Federation."

The current forest legislation has retained the category of specially protected forest areas. The allocation of specially protected areas is carried out in the process of forest management in forests of all types - in production forests, in protective forests and in reserve forests for the purpose of preserving and protecting the useful functions of forests. The boundaries of specially protected forest areas are established along quarterly clearings and the boundaries of forest blocks, taking into account natural boundaries, as well as forest taxation units, fixed on the ground with the help of forest management signs and (or) indicated on forest maps. When designing specially protected forest areas, statements of the designed areas are drawn up, indicating the numbers of forest blocks and forest taxation units, as well as an explanatory note justifying the allocation of specially protected forest areas. The design of especially protective forest areas and the location of their boundaries on the ground are ensured by the Federal Forestry Agency (see Rules for forest management, approved by Decree of the Government of the Russian Federation of June 18, 2007 N 377).

4. The list of specially protected forest areas given in Part 3 of the commented article is open, which makes it possible to identify other categories of specially protected areas depending on the emerging need for the protection and protection of certain forests. Previously, the list of specially protected forest areas was approved by the Federal Forestry Service of the Russian Federation (see part 2 of article 59 of the Forest Code of 1997, clause 11 of clause 7 of the Regulations on Federal service Forestry of Russia, approved. Decree of the Government of the Russian Federation of February 10, 1998 N 173). Until now, Rosleskhoz Order No. 348 dated December 30, 1993 “On approval of the Basic Provisions for the allocation of specially protected forest areas” continues to be in force.

The legal regime of specially protected forest areas is discussed in more detail in the commentary to Art. 107 LC RF.

Part 5 of the commented article establishes a general ban on carrying out activities in protective forests and specially protected areas of forests that are incompatible with their intended purpose and useful functions. Since, in accordance with Part 4 of Art. 12 of the RF LC, protective forests are subject to development in order to preserve the environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests; the use of such forests must correspond to the specified purposes. Thus, the type of activity, the implementation of which is prohibited in protective forests and in specially protected forest areas, directly depends on the functional purpose of the latter.

Thus, clear cutting is prohibited:

In forests located in the territories of national parks, natural parks and state natural reserves, unless otherwise provided by the legal regime of functional zones established within the boundaries of these specially protected natural areas (part 3 of article 103 of the LC RF, clause 6 of Order No. 181) ;

In forests located in the territories of state natural reserves (part 2 of article 103 of the RF LC, clause 5 of Order No. 181);

In forests located in water protection zones, with the exception of cases provided for in Part 5.1 of Art. 21 LC RF (Part 1, Article 104 LC RF);

In forests performing the functions of protecting natural and other objects, with the exception of cases provided for in Part 4 of Art. 17, part 5.1 art. 21 of the RF LC, cases of clear cutting in zones with special conditions for the use of territories in which the corresponding forests are located, if the regime of these zones provides for the cutting down of trees, bushes, vines (Part 1 of Article 105 of the RF LC);

In valuable forests, with the exception of cases provided for in Part 4 of Art. 17, part 5.1 art. 21 LC RF (Part 1, Article 106 LC RF);

In protected forest areas (Part 2 of Article 107 of the RF LC);

In especially protected forest areas, with the exception of cases provided for in Part 4 of Art. 17, part 5.1 art. 21 LC RF (Part 2.1 Article 107 LC RF);

In forests located in the territories of complex (landscape), biological (botanical and zoological), paleontological, hydrological, geological state natural reserves, unless otherwise provided by the regulations on the relevant state natural reserve(clause 8 of Order No. 181);

In forests located on the territories of natural monuments and within the boundaries of their protective zones, if this entails a violation of the safety of natural monuments (clause 9 of Order No. 181);

On the territory of the second zone of the districts of sanitary and mountain sanitary protection of medical and recreational areas and resorts of federal significance, except for sanitary felling (paragraph 15, clause 13 of the Regulations on the districts of sanitary and mountain sanitary protection of medical and recreational areas and resorts of federal significance, approved by the Resolution Government of the Russian Federation dated December 7, 1996 N 1425), etc.

Another type of activity that is prohibited by the legislator in some categories of protective forests is the use of toxic chemicals for the protection and protection of forests, including for scientific purposes. This activity is prohibited, for example, in all forests located in specially protected natural areas, with the exception of the territories of biosphere polygons (Part 5 of Article 103 of the RF LC), in forests located in water protection zones (Clause 2 of Part 1 of Article 104 LC RF), in forest park areas (clause 1, part 3, article 105 of the LC RF), as well as green zones, the first and second zones of sanitary protection zones for sources of drinking and domestic water supply (clause 7 of Order No. 485).

Except the above measures protection and security in relation to protective forests and specially protected forest areas, there are also requirements for ensuring fire safety during their use, protection, protection, reproduction, carrying out other activities in forests, as well as during the stay of citizens in forests, provided for by the Fire Safety Rules in Forests, approved by Decree of the Government of the Russian Federation of June 30, 2007 N 417, conditions for organizing the protection of forests from pests, as well as from negative impacts for forests, sanitary requirements aimed at ensuring sanitary safety in forests, provided for by the Rules for sanitary safety in forests, approved by Decree of the Government of the Russian Federation of June 29, 2007 N 414. In addition, the protection and protection of forests located in the first and second belts of sanitary protection zones of sources drinking and domestic water supply are carried out in compliance with the requirements established by legislation in the field of ensuring the sanitary and epidemiological well-being of the population.

6. In accordance with Part 6 of the commented article, the powers to classify forests as protective forests, allocate specially protected areas of forests and establish their boundaries belong to state authorities and local governments.

Before the adoption of the Forest Code of 2006, the allocation of specially protected forest areas was attributed to the powers of the federal executive body exercising the functions of developing public policy and legal regulation in the field of forestry, i.e. Federal Forestry Service (part 2 of article 59 of the Forest Code of 1997, paragraph 11 of paragraph 7 of the Regulations on the Federal Forestry Service of Russia, approved by Decree of the Government of the Russian Federation of February 10, 1998 N 173). The parameters of specially protected forest areas were approved by the territorial bodies of Rosleskhoz on the basis of forest management materials or a special survey (Part 2 of Article 59 of the Forest Code of 1997). Rosleskhoz also classified forests into forest groups and forest protection categories of the first group and transferred forests from one forest group or forest protection category of the first group, respectively, to another group or category (clause 10, clause 7 of the Regulations on the Federal Forestry Service of Russia).

Currently, the classification of forests as valuable forests and the allocation of specially protected forest areas is within the powers of the Federal Forestry Agency (clause 5.4.4 of the Regulations on the Federal Forestry Agency, approved by Decree of the Government of the Russian Federation of September 23, 2010 N 736). Order of Rosleskhoz dated August 26, 2008 N 237 “On approval of Temporary Instructions for classifying forests as valuable forests, operational forests, reserve forests” defines a temporary procedure for organizing work on classifying forests as valuable forests, operational forests and reserve forests. The allocation of specially protected forest areas is regulated by Rosleskhoz Order No. 348 dated December 30, 1993 “On approval of the basic provisions for the allocation of specially protected forest areas.”



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